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2023 (8) TMI 75 - AT - Income TaxRectification u/s 154 - period of limitation - whether the period of four years provided in sub-section (7) of Section 154 shall start from the date of the original order or from the date of the amended order? - HELD THAT:- As in case of Hind Wire Industries Ltd. [1995 (1) TMI 2 - SUPREME COURT] the matter relating to interpretation of provisions of Section 154(7) came up for consideration before the Hon'ble Supreme Court and it was held that the word “order” has not been qualified in any way and it doesn’t necessarily mean the original order and it can be any order including the amended or rectified order and the relevant findings In the instant case, as we have noted above, the assessee first moved the rectification application on 01/07/2016 and at that point in time, the AO has already passed a suo-moto rectification order u/s 154 dated 18/03/2014 and therefore, the earlier order passed by the AO dated 05/04/2011 merged into the rectification order dated 18/03/2014. In view of the same, even though the surcharge was levied in terms of the first order, the order so sought to be rectified by the assessee is the rectified order dated 18/03/2014 wherein the surcharge continued to be levied on the assessee besides additional interest. Therefore, the rectification application dated 01/07/2016 is well within the limitation period as so prescribed and is not barred by limitation. The surcharge is hereby directed to be deleted and the AO is directed to provide the necessary relief to the assessee.
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